[Gllug] Netbook recommendations

[Jason Clifford]

On Wed, 2010-08-18 at 12:13 +0100, John Edwards wrote:
> You'll need some solid examples of UK law to back up that statement.
> 
> If I purchase the hardware, I own it and may transfer ownership.
> If I purchase the software, what law stops me from transfering
> ownership of that?

Firstly with software you do NOT own it unless you wrote it. You do not
gain ownership when you purchase software - you gain a license granting
you limited rights to use and, possibly, copy the software. Any right
you are not granted with respect to redistribution you simply do not
have.

> Microsoft would say that this is not a purchase, but a contract to
> license software.
> 
> The problem is that when I buy a PC from a hardware company, I have
> a contract with that company and not with Microsoft. The OEM contract
> between the hardware company and Microsoft has nothing to do with me.

Not true. When you first start the PC Microsoft's operating system will
require you to accept the terms of the license or you wont be able to
complete the installation. Similarly if you install it from scratch you
have to accept the license in order to do so.

> Microsoft only comes into things when I am required to accept the
> Windows License Agreement *after* purchasing the goods. The contract
> has already been made when I exchange my money for the goods, and I
> was not presented with the License Agreement at the time.

You are free to use the PC without agreeing to the license. You are not,
however, free to use the software that is subject to that license unless
you agree to it. 

When you purchase a PC with Windows, or any other software,
pre-installed onto it there is an implied agreement with the license
terms. 

> You can't rewrite the purchasing contract without my permission and
> agreement. And clicking on "I Agree" when the alternative renders the
> goods unusable for the purpose it was sold is not enough.

Go and read up on implied terms in contract law. They are well
established and the courts are generally happy with them unless they can
be shown to be particularly unreasonable. 

> Also in the netbook example the purchaser can transfer the software
> before installing it, before even being presented with the License
> Agreement. 

How so?

> I'm not a lawyer, and last seriously looked into this about 10 years
> ago, but as far as I know the situation is still the same.

Still the same as in no court has ruled that the MS shrinkwrap license
is not enforceable. 

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